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Articles Posted in Premises Accidents

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$10.5 Million Jury Verdict in Inadequate Fall Protection for Commercial Truck Driver

Oberlin Garcia, 50, worked as a commercial truck driver. He arrived at a chemical plant owned and operated by BASF Corp. On arrival, he checked in with a BASF staff member and was instructed to prepare his tanker for the unloading of a hazardous chemical for delivery. Garcia was told…

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$725,000 Settlement Reached in Failure to Secure Concrete Block in Private Residence Project

Keith Zabielski, 51, was working for a subcontractor on a retaining wall project at a private home. Martin Russell, owner of the general contractor Just Right Construction, was operating a backhoe to transport a 1,000-pound concrete block. As the block moved, it slid out of its supportive strap and hit…

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$752,600 Jury Verdict for Injuries to Delivery Person Who Fell Into Window Well

Alice McKee, 62, worked as a pharmaceutical delivery person. She went to the Wesley Manor Nursing Home campus to make a midnight delivery of medicine. She was unable to enter the building. After she called the nurse’s station and did not receive an answer, McKee walked over the building’s side…

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State Appellate Court Affirms $38 Million Jury Verdict Where Evidence of Similar Occurrences Was Found

David Ford’s wife and son (the plaintiffs) filed a wrongful death lawsuit against Ford Motor Co. after David Ford died as a result of injuries he suffered while working as a contractor at Ford Motor’s Kansas City, Mo., assembly plant.  He was delivering vehicle seats to the plant when he…

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Illinois Appellate Court Finds Discovery Rule Takes Place at the Discovery of the Harm — Not When the Defect Was Discovered

Under the discovery rule, does the statute of limitations clock start when the harm is discovered? Or is it when the plaintiff discovers that the harm was “wrongfully caused?” The Illinois Appellate Court, First District, held that the statute of limitations clock starts when the harm is discovered. During a…

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State Supreme Court Affirms Dismissal on Summary Judgment for the Injuries Sustained on Property Owned by Defendant

Skylar Dimick was injured when he fell into a septic tank on the property owned by the defendant Scott Hopkinson. Dimick and his wife filed a negligence lawsuit against Hopkinson and his businesses, family trust and his wife, Chris Hopkinson. In addition to the negligence count, the Dimick lawsuit also…

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Illinois Appellate Court Reverses Dismissal of Injury Claim Against Personal Trainer for Willful and Wanton Acts

The plaintiff, Maria Papadakis, was injured when she slipped and fell on an unsecured piece of equipment while exercising at the defendant health club under the supervision of the personal trainer. The court was found to have erred in dismissing counts alleging willful and wanton acts by the personal trainer;…

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$27.5 Million Jury Verdict for the Death of a Fifteen-Year-Old Boy Who Received 13,000 Volts from a Power Line

In 2012, Justin Dominguez, 15, was playing with friends in a neighbor’s yard. The neighbor’s house was located next to a vacant spot that contained bamboo stalks under a 13,000-volt, uninsulated power line. Justin climbed up the bamboo stalks, which contacted the power line. He received a severe electric shock…

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$41.5 Million Jury Verdict for Fatal Death of Sanitation Worker Crushed Between Street Sweepers

Steven Frosch was working for the New York City Department of Sanitation operating a street sweeper. He was at the city department garage greasing the brushes on one of the street sweepers when his coworker, Antonio DiCaro, stopped another street sweeper next to him. As DiCaro was waiting, he reached…

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Illinois Appellate Court Reverses Dismissal of Intervention Petition Based on Late Filing

Teresa Mroczko was employed by A & R Janitorial to do custodial work.  On Aug. 17, 2012, she was injured while working at an Illinois Blue Cross/Blue Shield building. A desk, which had been moved during the renovation of the building, fell on her and she was injured. Pepper Construction…

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